Implementation of Geneva Conventions Act, 2012
R 385
Nuclear Energy Act, 1999 (Act No. 46 of 1999)Chapter III Nuclear Non-Proliferation33. Minister's responsibilities concerning Republic's international obligations with regard to nuclear non-proliferation |
| (1) | The Minister acts as the national authority of the Republic for the purposes of the implementation and application of the Safeguards Agreement and any additional protocols in order to timeously detect and identify nuclear material intended to be used for peaceful nuclear activities and deter the diversion of such nuclear material to the manufacture of nuclear weapons or other nuclear explosive devices or for use in connection with any other purpose that is unknown. |
| (2) | In order to fulfill the responsibilities referred to in subsection (1)— |
| (a) | the Minister must liaise with the International Atomic Energy Agency on an ongoing basis as regards— |
| (i) | negotiations on subsidiary arrangements under the Safeguards Agreement; |
| (ii) | the furnishing and updating of information regarding the design of nuclear installations and sites; |
| (iii) | the furnishing of reports required by or in terms of the Safeguards Agreement and the subsidiary arrangements thereunder; |
| (iv) | requests for exemption from or termination of safeguards relating to nuclear material; |
| (v) | the provision of facilities and support to the inspectors of the International Atomic Energy Agency; |
| (vi) | the selection of inspectors nominated in respect of the Republic by the International Atomic Energy Agency; |
| (vii) | the accompaniment of that Agency’s inspectors during inspections; |
| (viii) | the handling of importation into, and exportation from, the Republic of equipment and samples; |
| (b) | the Minister may issue instructions— |
| (i) | concerning the measuring methods and systems with regard to nuclear material; |
| (ii) | on the procedures for the handling of shipper-receiver differences in respect of nuclear material; |
| (iii) | requiring and otherwise relating to the undertaking of periodic physical stocktaking of nuclear material; |
| (iv) | on the operation of accounting systems in relation to any materials; |
| (v) | relating to the keeping of records and reporting on nuclear material; |
| (vi) | relating to the furnishing of information regarding the design, and changes to the design of nuclear installations and sites; |
| (vii) | on the provision of information about the importation into, and exportation from, the Republic of nuclear material and nuclear-related equipment and material; |
| (viii) | about applications for the exemption from or termination of requirements or safeguards in relation to nuclear material; |
| (ix) | about the physical protection of nuclear material; |
| (c) | the Minister may— |
| (i) | have the arrangement and verification undertaken of the physical inventory of any nuclear material in the Republic; |
| (ii) | have inspections and investigations undertaken in accordance with and subject to sections 37, 38 and 39; |
| (iii) | cause the measuring methods and systems employed by any person or body with regard to nuclear material to be verified; |
| (iv) | have samples taken of and analysis undertaken of any product, article, object or thing subject to section 38; |
| (v) | have independent measurements of nuclear material taken; |
| (d) | the Minister may apply any measures he or she considers necessary for the containment and surveillance of nuclear material; |
| (e) | the Minister must consult with the South African Council for the Non-Proliferation of Weapons of Mass Destruction, established by section 4 of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), on any matter affecting the proliferation of weapons of mass destruction. |
| (3) | Any person in possession of, using, handling or processing nuclear material must— |
| (a) | keep the prescribed records; |
| (b) | submit the prescribed reports to the Minister at the times or intervals or on the occurrence of any event as prescribed; |
| (c) | perform the prescribed measurements on nuclear material and maintain the prescribed measuring control programmes; |
| (d) | in the prescribed manner provide the Minister with information regarding the design of any nuclear installation and site concerned and all changes effected to the design thereof; |
| (e) | periodically undertake the physical stocktaking of nuclear material in the manner and at the times as prescribed; |
| (f) | in the prescribed manner give prior notice of the importation or exportation of nuclear material and nuclear-related equipment and material; |
| (g) | implement and maintain the prescribed physical protective measures in respect of nuclear material; |
| (h) | without delay report to the Minister any loss of nuclear material in excess of the prescribed limits; |
| (i) | periodically, at the times and in the manner as prescribed, provide the Minister with schedules of planned activities; |
| (j) | allow the designated officials of the International Atomic Energy Agency and any inspectors appointed under section 53 to carry out, without hindrance, inspections at any nuclear installation or site with a view to monitoring compliance with the provisions of this Chapter. |
(4)
| (a) | All information furnished or disclosed by any person in compliance or supposed compliance with this section, as well as all accompanying information contained in the communication or presentation of the first-mentioned information, is highly confidential and may not be published or otherwise made known or disclosed by the Minister or any official of the State while serving as such except— |
| (i) | in so far as may be necessary for or in connection with the exercise of any power or performance of any function or duty of the Minister, in terms of this Act, or for the performance of any work in connection therewith; or |
| (ii) | on the order of a competent court of law. |
| (b) | "Accompanying information", for the purposes of paragraph (a), means any information whatsoever which does not have to be furnished or disclosed to the Minister in terms of this section, whether derived directly from any express statement made in the communication or presentation or indirectly, by implication or inference, having regard to the context of the communication or presentation and, amongst others, to— |
| (i) | surrounding facts or circumstances; |
| (ii) | particular personal knowledge; |
| (iii) | the manner or medium of communication or presentation. |
| (5) | All fees that from time to time, are due to the International Atomic Energy Agency by the Republic, must be paid by the Minister on behalf of the Republic. |
